Control of company under restructuring
453K Control of company under restructuring
Subject to this Part, while a company is under restructuring the company has control of the company’s business, property and affairs.
While a company is under restructuring, a receiver or controller appointed for the purposes of Part 5.2 (whether under an instrument relating to a security interest or a court order) may only perform the functions and exercise the powers of a receiver or controller in relation to a security interest if:
section 454C, 454D or 454E applies to the enforcement of the security interest; or
section 454K or 454L applies to the enforcement of a right, or the performance or exercise of a function or power, over property to which the security interest relates.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.